Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

October-29-13

Judge Rules Part of Texas Abortion Law Unconstitutional

Just one day before restrictive abortion laws in Texas were to take effect, a federal district court struck down a provision of the law that would require abortion providers to have hospital admitting privileges and ruled that restrictions on medication abortion could not be enforced in certain circumstances.

Judge Lee Yeakel ruled that the admitting privileges requirement was unconstitutional after finding that the provision had no rational relationship to improving patient care, treatment, or outcomes [see PDF]. The court also found that the requirement would force abortion clinics to close as the majority of providers do not have admitting privileges and would, for a variety of reasons, be unlikely to get them. As a result, the provision would place an undue burden on women seeking abortion services in Texas.

The court also considered the law's restrictions on medication abortion, which would force physicians to follow the FDA protocol on the use, dosage, and administration of mifepristone. The court found that the FDA protocol, written in 2000, no longer represents the medical standard of care for abortion providers, and that physicians have developed a new standard - endorsed by the American College of Obstetricians and Gynecologists - that requires a significantly lower dosage of mifepristone [see PDF]. This new standard of care, the "off-label" protocol, also allows medication abortion to be used "safely and reliably" up to 63 days following a woman's last menstrual period (LMP), versus the FDA protocol which limits medication abortion to 49 days LMP.

Although finding that the new off-label protocol is safe, effective, and more comfortable for women, the court determined that "individuals do not have a constitutional right to a preferred medical option, so long as a safe, medically accepted, and actual alternative exists" - in this case, surgical abortion.

But, Judge Yeakel also found that surgical abortion is not a medically sound option for certain women who are between 50-63 days LMP. For these women, the Texas law would be an undue burden on their ability to obtain an abortion. The court therefore ruled that the medication abortion restrictions were unconstitutional "to the extent those provisions prohibit a medication abortion where a physician determined in appropriate medical judgment, such a procedure is necessary for the preservation of the life or health of the mother," meaning that the law cannot be enforced in these situations.

"Today's decision has averted a catastrophic health crisis for women across the state of Texas," said Nancy Northup, president and CEO of the Center for Reproductive Rights. "Politicians, not doctors, pushed for both of these unconstitutional restrictions - despite the best medical standards for women's health care."

Judge Yeakel was appointed to the federal district court by President George W. Bush in 2003 on the recommendation of Republican Senators Kay Bailey-Hutchison and John Cornyn. He previously served, at the appointment of then-Governor Bush, as a justice on the Texas Third Court of Appeals.

In June, the U.S. Supreme Court agreed to hear arguments on whether an Oklahoma law that forces physicians to use the FDA protocol for medication abortions is constitutional. The Oklahoma Supreme Court struck down the law late last year. The Supreme Court has asked the the Oklahoma justices to provide more information on the state law before the case proceeds.

Media Resources: Federal Judicial Center; US District Court for the Western District of Texas 10/28/13; Reuters 7/18/13; Planned Parenthood 10/28/13; Congressional Record on Google Books; Feminist Newswire 9/16/13; SCOTUS Blog


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

8/28/2015 Alaska Court Protects Abortion Access for Low-Income Women - The Alaska Superior Court struck down a state law yesterday that would have severely limited abortion access for low-income women in Alaska. The state's Superior Court also struck down a Department of Health and Social Services regulation that placed narrow specifications on Medicaid coverage for abortions, requiring that Medicaid-funded abortions be determined by a physician to be "medically necessary." Last year, the Center for Reproductive Rights, the American Civil Liberties Union, and Planned Parenthood sued on behalf of the Planned Parenthood of the Great Northwest, claiming that the narrow definition of "medically necessary" arbitrarily established conditions designed to restrict the ability of low-income women to access abortion services. The law was temporarily blocked last July by an Alaskan state court judge. Superior Court Judge John Suddock ordered yesterday that the state be blocked from implementing this regulation, ruling that it placed an undue burden on low-income women seeking abortion services in Alaska. "By providing health care to all poor Alaskans except women who need abortions, the challenged regulation violates the state constitutional guarantee of 'equal rights, opportunities, and protection under the law'," the ruling read. "We applaud the superior court for striing down these cruel restrictions on women's health and rights that violate the Alaska Constitution," said Chris Charbonneau, CEO of Planned Parenthood of the Great Northwest and the Hawaiian Islands. . . .
 
8/27/2015 Los Angeles Mayor Announces Model Gender Equity Directive - On Women's Equality Day Eric Garcetti, the Mayor of Los Angeles, signed a progressive and inclusive executive directive to take a major step toward gender equity for the city and to be a model for other cities. . . .
 
8/26/2015 Saudi Women Prepare to Vote for the First Time - The fight for gender equality is making slow but notable progress in Saudi Arabia, where women will be allowed to vote for the first time in upcoming December elections. This shift in Saudi law came in 2011, when a royal decree announced that women would be allowed to vote and run in local elections beginning in December of 2015. . . .